In 2013, Clark Neily of the Institute for Justice wrote a book, Terms of Engagement, that called for a new model of judicial review, which he labeled “judicial engagement.” Judicial engagement would eliminate the “rational basis” standard of review in constitutional cases (which Neily der…

Contributors to Law and Liberty have continued the lively debate between conservative proponents of “judicial restraint,” who are concerned about increased “judicial activism,” and libertarians who view the judiciary as a bulwark against majoritarianism. The general theme is a familiar on…